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If you’re a college student using Federal Student Aid (FSA) or you know one, this is something you should read. Though many students know that a drug conviction isn’t the best, many don’t know what it could do to their FSA eligibility. With the penalties for possession of illegal drugs and the sale of illegal drugs differing, it is important to know what consequences you face for each offense. With a little help from a Loyola University FSA page and a criminal law definition site…we’ve got your back with the info and a little bright light.

First, let’s define both possession of and sale of illegal drugs. Why? Because it’s proper.

What is Drug Possession (DP)?

Drug Possession is the act of owning or holding of an illegal substance or unlawfully-obtained controlled substance on an individual’s person. Typically, the nature of a drug possession charge is not associated with the intent to sell, purchase, or distribute the drugs in question.

What is the sale of an illegal drug (SA)?

 When someone attempts to manufacture, distribute, sell, prescribe, dispense, compound or transport with intent to sell or dispense, possess with intent to sell or dispense, offer, give, or administer to another any controlled substance.

Ever hear of remuneration? No? Remuneration; by definition, is the act of payment or reward. Even if you are grabbing something for a friend you can be convicted of the sale of drugs. The difference would be sale of an illegal drug vs. sale of an illegal drug without remuneration.

As stated earlier each offense carries its own consequence when in regards to FSA.

Illegal Drug Possession

• First Offense: 1 year from date of conviction
• Second Offense: 2 years from date of conviction
• Third Offense: Indefinite

Sale of Illegal drug

• First Offense: 2 years from dater of conviction
• Second Offense: Indefinite

If you are convicted with both possession and sale your ineligibility will be for the longer of the two periods.

A federal or state drug conviction can cost a student their FSA, but even with this students with convictions should still fill out and submit the FAFSA for they may be eligible for state or institution aid.

Convictions only count if they were for an offense that occurred during a period of enrollment for which the student was receiving Title IV aid—they do not count if the offense was not during such a period. Also, a conviction that was reversed, set aside, or removed from the student’s record does not count, nor does one received when she was a juvenile, unless she was tried as an adult.

Eligibility returns the day after the ineligibility ends or when the student sucessfully completes a drug rehabilitation program. Bright light, right? This program must include at least two unannounced drug tests and meet as least one of the following criteria:

•  The program has been qualified to receive funds from a federal, state, or local government program; directly or indirectly.
•  The program has been qualified to receive payment from a federally or state-licensed insurance company; directly or indirectly.
• The program has been administered or recognized by a federal, state, or local government agency or court.
•  The program has been administered or recognized by a federally or state-licensed hospital, health clinic, or medical doctor.

More convictions will regain your ineligibility.

Ineligibility for an indefinite period of time can be ended only after successfully completing a program with the above qualities or if a conviction is reversed, set aside, or removed from the student’s record. This means your record must reflect less than three convictions for possession or less than two convictions for sale.

Also, once the rehabilitation program is completed it is the responsibility of the student to notify and certify to their institution that the program has been successfully completed.

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